Company Law : Rights for minority shareholders under Companies Act 2013, including filing petitions, preventing oppression, and safeguarding int...
Company Law : In this paper, the author would discuss the concept of oppression and mismanagement in an elaborate manner. Further, it would also...
Company Law : Meaning of Oppression And Mismanagement The word ‘Oppression’ is not defined under the Companies Act, 2013. Oppression is the ...
Corporate Law : Minority being the victim need to be protected – Prevention of Oppression and Mismanagement Introduction This article mainly...
Company Law : The concept and overview of ‘Oppression’ & ‘Mismanagement’ is defined u/s. 241 of Companies Act 2013, and can be r/w S...
Rights for minority shareholders under Companies Act 2013, including filing petitions, preventing oppression, and safeguarding interests
In this paper, the author would discuss the concept of oppression and mismanagement in an elaborate manner. Further, it would also discuss certain remedies which the shareholders can claim in a situation where there are circumstances like oppression or mismanagement.
Meaning of Oppression And Mismanagement The word ‘Oppression’ is not defined under the Companies Act, 2013. Oppression is the movement made by the authority in unjust manner against the party who gave his consent. As per the Dictionary of Black Law, the term ‘Oppression’ means ‘the act or an instance of unjustly exercising power.’ Oppression […]
Minority being the victim need to be protected – Prevention of Oppression and Mismanagement Introduction This article mainly deals with oppression and mismanagement. The Companies Act, 2013 under Chapter XVI covering Sections 241 to 246 deals with Oppression and mismanagement and Class Action. Further provisions for a class action are provided under Sections 245 and […]
The concept and overview of ‘Oppression’ & ‘Mismanagement’ is defined u/s. 241 of Companies Act 2013, and can be r/w Section 397(1) of Companies Act of 1956. The words, ‘Oppression’ and ‘Mismanagement’ are not defined under any provisions of Companies Act, 2013, but through the various decided case laws from the year 1956 till now, […]
Exploring The Consitutiveness of The Words ‘Oppression’ And ‘Mismanagement’ (The Corporate Family Dispute Before NCLT) – In Context of Chapter XVI of The Companies Act, 2013 The law relating to prevention of oppression & mismanagement is enshrined under chapter XVI of the Companies Act, 2013 Section 241 of the Act confers upon the members of […]
Coordination is the very important aspect in any Organization. It brings unity of action and integrates different activities of organization. Coordination is the most important function of an organization. It refers to bringing together the activities of an organization to achieve the objectives
We can find so many judgments of Constitutional Courts on section 397/398 of the Companies Act, 1956 and the courts have ruled and maintained some principles as to how the provisions of section 397/398 of the Companies Act, 1956 are to be interpreted. I feel that despite the settled legal principles, the facts of each case to be carefully gone into in a petition under section 397/398 of the Companies Act, 1956 and many directions or orders are passed based on facts.
When there exist serious disputes between groups, one group tends to approach Company Law Board or the Company Court. Usually, when there are serious disputes, one group approaches the Company Law Board under section 397/398 of the Companies Act, 1956 alleging oppression and mismanagement.
I personally feel that an application under section 397/398 of the Companies Act, 1956 is a serious thing exposing serious misunderstandings between majority and minority group in the Company. We see this groupism in private limited companies and closely held public companies too at times.
